The Interim Pathway for Caregivers

25th Feb 2019 Comments Off on The Interim Pathway for Caregivers

Last Updated on February 25, 2019 by Steven Meurrens

On February 25, 2019 Immigration, Refugees and Citizenship Canada (“IRCC“) announced a one-time, short-term public policy for in-Canada caregivers to provide a pathway to permanent residence for caregivers who do not qualify under the 2014 Ministerial Instructions Establishing the Caring for Children Class and the Caring for People with High Medical Needs Class.

This is a 3-month interim pathway, with no cap on volumes.

To be eligible, caregivers have to meet all the following conditions:

  • At the time of application, they are authorized to work in Canada on a work permit other than a Live-in Caregiver Program work permit;
  • They intend to reside in a province or territory other than Quebec;
  • Since November 30, 2014, they have acquired at least 1 year of full-time Canadian work experience in an eligible caregiver occupation. These occupations are National Occupational Classification (“NOC”) 4411 – Home Childcare Providers and NOC 4412 – Home Support Workers and Related Occupations (other than Housekeeper);
  • They meet the minimum education requirement; and
  • They meet the minimum language proficiency requirement.

Experience

Only home child care providers are eligible under NOC 4411. Applicants with work experience under NOC 4411 must have provided in-home care to children under the age of 18 in their own home or in the employer’s or child’s home. Foster parents are not eligible to apply under this class.

Among the sub-occupations under NOC 4412, housekeepers and related occupations are not eligible to apply. Only home support workers and workers in related occupations are eligible under NOC 4412. The onus is on applicants to satisfy IRCC that they predominantly provided personal care and support services to seniors,

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What Happens at CBSA – The Port of Entry

What Happens at CBSA – The Port of Entry

24th Feb 2019 Comments Off on What Happens at CBSA – The Port of Entry

Last Updated on February 24, 2019 by Steven Meurrens

A main purpose of the Canada Border Services Agency (the “CBSA“) is to determine whether people are inadmissible to Canada and, if they are, next steps.

Section 15(1) of Canada’s Immigration and Refugee Protection Act (the “IRPA“), read in conjunction with r. 28(b) of Canada’s Immigration and Refugee Protection Regulations (the “IRPA”) authorizes Border Services Officers (“BSOs“) to examine people who are entering Canada to determine their admissibility. As well, IRPA s. 18(1) provides that every person seeking to enter Canada must appear for an examination at CBSA to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada.

This post is a summary of the training manual from the CBSA’s Officer Induction Training Program. A full copy can be found at the bottom of the post.

Examination Timeline

Regulation 37 of the IRPR define when a CBSA examination at a port of entry (a “POE“) ends. It states that an examination ends once one of the following occurs:

  • A final determination is made that the person has a right to enter Canada, or is authorized to enter Canada, and leaves the port of entry. It is important to note that an examination is not over simply because a passport is stamped. Rather, the decision to admit an individual may be revisited as long as the person has not left the controlled area of the port of entry.
  • A person in transit departs Canada.
  • The person is allowed to leave Canada and an officer verifies their departure from Canada. In this situation, a BSO may determine that someone is inadmissible.

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IRCC Questions and Answers

13th Feb 2019 Comments Off on IRCC Questions and Answers

Last Updated on February 13, 2019 by Steven Meurrens

Immigration lawyers and consultants are able to e-mail Immigration, Refugees and Citizenship Canada (“IRCC“) to ask general questions about how programs work. In 2018 we submitted an Access to Information Act request for many of the questions that were submitted in the first half of 2018. I have uploaded the results of our request here. You can see a list of most of the questions that are answered below.

A-2018-36953-reducedsize

A Canadian Bachelor degree was obtained in two years as the person has used some credits from a previous bachelor degree obtained in a foreign country. The curriculum grid for this Canadian Bachelor Degree is 11 quarters with a total of 180 credits. This same person has also a 1-year diploma from a private institution in Canada. Under the CRS points for Express Entry, could we consider that this person could claim points for having two or more degrees, diplomas or certificates only considering the Canadian credentials? As there is the information that one of the credentials must be at least 3 years, I was wondering if IRCC would consider the length of study or the length of the program if was not accredited due to credit transferring? What should we inform at the Education field “Complete/full academic years” for the Canadian Bachelor Degree as described above?

My client received the attached WES assessment. Although the actual program he completedw as over one year long, they indicated “completion of college-level certificate (one semester)”. When entering his education information in his express entry profile, should we be selecting that his highest level of education was secondary school or 1 year of post-secondary studies?

In a Family Class application is a record of solemnization or marriage license acceptable instead of a marriage certificate?

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The Federal Skilled Worker Program

The Federal Skilled Worker Program

4th Feb 2019 Comments Off on The Federal Skilled Worker Program

Last updated on February 25th, 2019

Last Updated on February 25, 2019 by Steven Meurrens

The Federal Skilled Workers Program (the “FSWP“) has traditionally been one of Canada’s most popular immigration programs. It is currently one of the three programs that is managed through Immigration, Refugees and Citizenship Canada’s (“IRCC“) Express Entry program.

To be eligible for the FSWP, applicants must meet minimum eligibility criteria, and also get a minimum of 67 out of 100 points in a selection grid.

Minimum Eligibility Criteria

The minimum eligibility criteria to the FSWP are that applicants must:

  • Within the 10 years preceding the date of the application for a permanent resident visa, have at least one year of continuous full-time employment experience or the equivalent in continuous part-time employment in one or more occupations that are listed in National Occupational Classification (“NOC“) 0, A or B;
  • During that period of employment performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the NOC;
  • During that period of employment performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.
  • have completed a language test from a designated testing agency and obtained a minimum of Canadian Language Benchmark 7 in all abilities;
  • if they do not have Canadian education credentials, have submitted an “equivalency assessment” relevant to their occupation establishing that they have the equivalent of the minimum education credential required to practice this occupation in Canada.

Definition of “Continuous” 

Many people have questions regarding what constitutes “continuous”

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